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PLANTY v. POTTER-DE WITT CORP.

27 A.D.2d 401 (1967)

Ray C. Planty, Appellant, v. Potter-De Witt Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 15, 1967.

Attorney(s) appearing for the Case

Preston C. Carlisle (Margrethe R. Powers and John T. De Graff of counsel), for appellant. Herron, Lawler & Fischer (William J. Herron of counsel), for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS, STALEY, JR., and GABRIELLI, JJ., concur in opinion per REYNOLDS, J.

REYNOLDS, J.

Plaintiff appeals from a judgment of the Supreme Court, St. Lawrence County, entered on an order granting respondent's motion to dismiss the complaint on the ground of res judicata.

Appellant was injured on the morning of September 8, 1962 when his automobile left the road as it rounded a curve on Route 87 in St. Lawrence County. At the point of the accident the road was being reconstructed...

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